The free speech versus hate speech debate

This book proposes an original policy framework for addressing hate speech. Gelber argues that a policy designed to provide support to affected groups and communities to enable them to speak back when hate speech occurs, is a more useful way of addressing the harms of hate speech than punitive measures. She suggests that “speaking back” allows the affected groups to contradict the messages contained in the words of the hate speakers, and to counteract the silencing, disempowering and marginalising effects of hate speech. Gelber’s argument uniquely synthesises the ideas of defending the importance of participating in speech, recognising the harms of hate speech and acknowledging that targeted groups may require assistance to respond.

1. The problem: An example of racial anti-vilification laws in practice, 1989-1998

13–27

2. Expanding speech liberties: A capabilities approach

29–47

3. Speech as conduct

49–68

4. Hate speech as harmful conduct: The phenomenology of hate-speech-acts

69–91

5. Australia, the UK and the USA compared

93–115

6. A policy of ‘speaking back’

117–134

Conclusion

135–137

Notes

139–153

References

155–166

Appendix

167–173

Index

175–176

“[...] a comprehensive, thoroughly examined and well documented study on a topic that straddles several disciplines, including discourse analysis, pragmatics, communication theory, sociology, politics and law.”

Svetlana Kurtes, Cambridge University, on Linguist List 14.1022

“This book makes an important contribution to the field of discourse studies, providing a consolidated hate speech policy whereby the goals of both securing free speech and ameliorating the negative effects of hate speech are achieved simultaneously.”

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